What should I do if my employer refuses to accept my W-4?

Question

I work in a bar and the owner is the worst boss ever. She comes in and gets drunk ever night and causes some kind of scene. She extremely mean and fires people for no reason (you can do that in Georgia). She has cussed me out on several occasions and often refers to me as f***ing idiot. I was never given a w-4 or state tax form to fill out when I first started working there 6 months ago. Another employee told me that my boss deducts the most possible from our checks. I don't know much about taxes, but a friend told me that I needed to give her a w-4 form so that the correct deductions can be made. (I'm married with a kid and didn't owe any taxes last year). When I tried to give the form to my boss, she blew me off and said that she "doesn't do w-4's". I don't want to quit working at the bar because the money is good and the hours are perfect, but would I have a legal case against my boss? Could I sue her for her constant herassment and basically stealing money from me?

Answer 1

She needs to be reported to the local tax authority. If she refuses to get your w-4 form, maybe she's not paying those taxes. You would suffer. Get the tax thing straightened out asap and get another better job!

Answer 2

No, you can't sue her for harassment - what she's doing is being a jerk, not legal harassment.  And unless she's deducting taxes but not turning them in to the IRS and state as required, she isn't stealing from you.  But it is illegal for her to not take your W-4 and deduct tax according to that - you can report that to the IRS.

Answer 3

You want to sue her but want to keep working there?  Get real.  You need to quit and find a better employer.

Answer 4

no,but you can turn your boss in to the i.r.s. and your state tax bord

Answer 5

So, do you actually get paycheck stubs?  Does she have you accurately report your tip income?

I'd be more concerned that you are going to get a mystery 1099-Misc or a load of "tip income" at the end of the year.

Answer 6

From your information, you have no case.  If you want to keep your job, stay away from her.  

If you are an employee, your tax stub should show the amount of withholding.  Keep those stubs and compare them to your W-2 to make sure they match.  She should accept a W-4 but she could do payroll without one.  

It is more likely that you are not an employee but will be issued a 1099MISC.  There are no taxes withheld in this case.  It is important to keep all your check stubs to make sure your income is not overstated.  

You are also required to report your tips to your employer, but it appears she doesn't do that either.  So keep a written daily log of your tips yourself so that you can report them on your tax return.

It is unlikely that she is stealing from you, but operating a largely cash business and evading income and payroll taxes.